Henrico County VA

How effective is Virginia’s smoking ban?

On Dec. 1, 2009, bars and restaurants across Virginia were ordered to put out their cigarettes or renovate their buildings to accommodate non-smokers. A year and a half later, how effective is the ban?

Under the smoking ban, no establishment that sells food can allow smoking, unless it has a separate smoking area, with a door between the smoking and non-smoking sections, and at least one entrance that opens into the non-smoking area.

Initially, a number of bars refused to comply with the law. Many smokers, like Virginia Commonwealth University junior David Turko, a self described “barfly,” objected to the ban.

“When you’re a smoker, you go to a bar and drink,” Turko said. “They go together like milk and cookies.”

He said a few places, like Bandito’s and Joe’s Inn, still allow smoking. But workers at both bars said they are now in full compliance with the law.

“We have all the required facilities,” said Tina Kaftaris, a bartender at Joe’s Inn. “We have separate smoking facilities with its own heating and cooling, circulation and entry.”

Health officials say that while most restaurants are in compliance, the law is difficult to enforce, because the punishment is just a $25 fine, and police are reluctant to spend their time pursuing such a small amount.

“The way the law was originally written … the most a person could be fined was $25. For the police to respond to a call, send an officer out there, write up somebody and go to court, the cost of that would be far over $25,” said John Shellenberg of the Hampton Health Department.

“I am unaware of any police department in the state that has actively enforced the smoking ordinance.”

But Shellenberg says he has found a new way to enforce the ban: persuading the Alcoholic Beverage Control board to make compliance with the smoking ban a condition of a restaurant’s liquor license.

In one case, Shellenberg said, “The agent wrote up a violation against the owner, against his ABC license; we had the hearing; and the eventual outcome was the hearing officer found them guilty of violating it. They were given a choice – either a [$500] fine or a suspension of their ABC license for a week.”

According to Shellenberg, one bar already has been fined and is now working to comply. He hopes the other holdouts will follow.

“One of the remaining places has already voluntarily decided to stop smoking in their establishment and pursue compliance,” Shellenberg said. “We have two that have not, that we have sent 30-day notices to, that unless they do get in compliance, we will work with the ABC again and violate their ABC license.”

Many bartenders say that despite their initial reluctance, the smoking ban hasn’t been a problem, and they’re glad it’s there.

“It’s a pain in the ass to have to go outside to smoke during the winter,” said Chris Merkin, a bartender at Empire Lounge. “But it’s nice being able to work as a bartender and not come home with black boogers.”

Gary Hagy, director of the Virginia Department of Health’s Division of Food and Environmental Services, says that overall, the law has been extremely successful.

“Since the bill went into effect, we’re now at 98 percent of restaurants are in compliance with the law,” Hagy said. “I think when we have the record showing 98 percent of our restaurants are in compliance, that’s a pretty good success there.”

What Does the Smoking Ban Say?
Any establishment that serves food must:

Post “No Smoking Signs” clearly and conspicuously

Remove all ashtrays and smoking paraphernalia from the non-smoking areas

Make sure at least one entrance from the outside leads directly into the non-smoking area

If smoking is allowed, restrict it to a separate area with a separate ventilation system

Moreover, no staff members may be required to work in the smoking section
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Community

Henrico to offer Christmas tree recycling

Henrico residents can recycle their Christmas trees after the holidays at one of several locations in the county.

From Dec. 26 through Jan. 11, trees will be accepted at the following spots:

• Springfield Road Landfill Public Use Area, near Nuckols Road and I-295 – open from 7:30 am to 7 pm daily, except holidays;

• Charles City Road Landfill Public Use Area – 7:30 am to 7 pm daily, except holidays; > Read more.

Holidays will delay some CVWMA collections


CVWMA curbside recycling collection and trash collections will have a one day delay in collections Dec. 25-26 and Jan. 1-2. There will be no collections on Dec. 25 or Jan. 1.

Curbside recycling collections Monday through Wednesday will be on regular schedule. Red Thursday and Red Friday curbside recyclers will have a one day delay in collection services Dec. 25-26. Blue Thursday and Blue Friday curbside recyclers will have one day delay in collection services Jan. 1-2. Containers should be placed at the curb by 7 a.m. on collection day. All Friday collections will take place on Saturday. > Read more.

MADD to host candlelight vigil Dec. 2 at UR

Mothers Against Drunk Driving (MADD) will host a candlelight vigil of remembrance and hope Tuesday, Dec. 2 at 7 p.m. at the University of Richmond, outside the Cannon Chapel. The public is invited to attend and join MADD to honor victims of impaired driving crashes, while helping to remind the community to be safe during the holidays. > Read more.

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Entertainment

A gift that should stop giving

‘Jingle All the Way 2’ is expectedly flawed
Was anyone asking for an extra-large helping of Larry the Cable Guy this Christmas? If so, you can thank Santa Claus for Jingle All the Way 2.

If not, you can be like the rest of us and curse Santa for his folly in creating such a film. Santa, we neither wanted nor needed this.

A follow-up to the much-derided 1996 Christmas film Jingle All the Way, Jingle All the Way 2 isn’t so much a sequel as it is an odd kind of remake, offering a few original twists on the original’s dad-vs-dad holiday showdown, but also copying large chunks of the original without alteration. > Read more.

Restaurant watch

Find out how your favorite dining establishments fared during their most recent inspections by the Virginia Department of Health. > Read more.

Weekend Top 10


Several holiday performances take place this weekend in Henrico including “It’s a Wonderful Life” and Theatre IV on Tour’s “’Twas the Night Before Christmas” – both at The Cultural Arts Center at Glen Allen. The Central Virginia Masterworks Chorale will perform Vivaldi’s “Gloria” at River Road Church, Baptist and the Virginia Repertory Theatre will present “Santa’s Christmas Miracle” at the Children’s Theatre at Willow Lawn. A fun annual tradition, now in its 14th year, will be at SkateNation Plus in Short Pump – Chabad of Virginia’s Chanukah on Ice. For all our top picks this weekend, click here! > Read more.

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The Light Up My Night 5K will start at 6 p.m. in the West Creek Business Park, 12580 West Creek Blvd. Bring in the New Year in a healthy way… Full text

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